[Federal Register Volume 75, Number 34 (Monday, February 22, 2010)]
[Notices]
[Pages 7562-7563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3266]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-807]


Certain Steel Concrete Reinforcing Bars From Turkey: Notice of 
Court Decision Not in Harmony With Final Results of Administrative 
Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On January 19, 2010, the United States Court of International 
Trade (CIT) sustained the Department of Commerce's (the Department's) 
results of redetermination pursuant to the CIT's remand order in Nucor 
Corporation, Gerdau Ameristeel Corporation, and Commercial Metals 
Company v. United States and Icdas Celik Enerji Tersane ve Ulasim 
Sanayi A.S., Court No. 05-00616, Slip Op. 10-6 (Jan. 19, 2010). See 
Results of Redetermination Pursuant to Remand, dated November 6, 2009 
(found at http://ia.ita.doc.gov/remands). Consistent with the decision 
of the United States Court of Appeals for the Federal Circuit (CAFC) in 
Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), 
the Department is notifying the public that the final judgment in this 
case is not in harmony with the Department's final results of the 
administrative review of the antidumping duty order on certain steel 
concrete reinforcing bars (rebar) from Turkey covering the period of 
review (POR) of April 1, 2003, through March 31, 2004. See Certain 
Steel Concrete Reinforcing Bars From Turkey; Final Results, Rescission 
of Antidumping Duty Administrative Review in Part, and Determination To 
Revoke in Part, 70 FR 67665 (Nov. 8, 2005) (Final Results).

FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood, AD/CVD Operations, 
Office 2, Import Administration--International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone (202) 482-3874.

SUPPLEMENTARY INFORMATION: 

Background

    On November 8, 2005, the Department published the final results of 
the administrative review. See Final Results. In the final results, the 
Department: (1) Reversed its preliminary decision with respect to the 
U.S. date of sale for ICDAS and used the contract date as the date of 
sale for ICDAS's U.S. sales, rather than the invoice date, because it 
determined that the material terms of sale were established at the 
contract date; (2) computed ICDAS's cost of production (COP) using 
annual-average, rather than quarterly, costs; and (3) defined the 
universe of U.S. sales transactions examined during the administrative 
review to rely on the date that subject merchandise entered the customs 
territory of the United States, rather than the date that subject 
merchandise was sold here.
    On November 18, 2005, the Department requested a voluntary remand 
in order to reconsider the date-of-sale issue. On December 15, 2005, 
the CIT granted the Department's request to reconsider whether, based 
upon the record evidence, the Department reasonably applied its date-
of-sale methodology to the facts at issue.
    On January 31, 2006, the Department issued its final results of 
redetermination pursuant to the CIT's December 15, 2005, ruling. In its 
remand results, the Department determined that the invoice date is the 
appropriate date of sale for ICDAS's U.S. sales in the 2003-2004 
administrative review.
    On March 24, 2009, the CIT again remanded this issue to the 
Department, requiring that the Department provide a more in-depth 
analysis as to why the use of invoice date as U.S. date of sale was 
appropriate. In addition, the CIT remanded two additional issues, at 
the Department's request, related to the calculation of ICDAS's COP and 
an explanation for the methodology used to determine the universe of 
U.S. sales examined in the review.
    On November 6, 2009, the Department issued its final results of 
redetermination pursuant to the CIT's March 24, 2009, ruling. In its 
remand redetermination the Department explained that, in accordance 
with the CIT's instructions, it reconsidered the issues contained in 
the CIT's March 24, 2009, ruling and determined that it was appropriate 
to: (1) Base ICDAS's universe of sales on entry date; (2) use invoice 
date as the date of sale for ICDAS's U.S. sales; and (3) use ICDAS's 
quarterly-average costs in its margin calculations. On January 19, 
2010, the CIT affirmed the Department's November 6, 2009, remand 
redetermination.
    The Department's redetermination resulted in changes to the Final 
Results weighted-average margin for ICDAS from 0.16 percent to 0.70 
percent.

Timken Notice

    In its decision in Timken, 893 F.2d at 341, the CAFC held that, 
pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the 
Act), the Department must publish a notice of a court decision that is 
not ``in harmony'' with a Department determination and must suspend 
liquidation of entries pending a ``conclusive'' court decision.
    The CIT's decision on January 19, 2010, constitutes a final 
decision of that Court that is not in harmony with the Department's 
Final Results. Accordingly, this notice is published in

[[Page 7563]]

fulfillment of the publication requirements of Timken, with an 
effective date of January 29, 2010, (i.e., 10 days following the CIT's 
ruling). The Department will continue the suspension of liquidation of 
the subject merchandise pending the expiration of the period of appeal 
or, if appealed, pending a final and conclusive court decision. In the 
event the CIT's ruling is not appealed or, if appealed, upheld by the 
CAFC, the Department will instruct U.S. Customs and Border Protection 
to assess antidumping duties on entries of the subject merchandise 
during the POR from ICDAS based on the revised assessment rates 
calculated by the Department.
    This notice is issued and published in accordance with section 
516A(c)(1) of the Act.

    Dated: February 12, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-3266 Filed 2-19-10; 8:45 am]
BILLING CODE 3510-DS-P